NCDRC

NCDRC

RP/3645/2014

YASHODA HYBIRD SEEDS PVT LTD - Complainant(s)

Versus

SHIVAJI DNYANDEO GHOLAVE & ORS - Opp.Party(s)

MR.JAYANT L BHOOT & ABHISHEK J.BHOOT

31 Oct 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3645 OF 2014
 
(Against the Order dated 09/06/2014 in Appeal No. of the State Commission Maharastra)
1. YASHODA HYBIRD SEEDS PVT LTD
THROUGH ITS MANAGID DIRECTOR, TQ HINGANGHAT,
DISTRICT: WARDHA
MAHARASHTRA
...........Petitioner(s)
Versus 
1. SHIVAJI DNYANDEO GHOLAVE & ORS
R/O GHOLAVE WADI,TQ BARSHI,
DISTRICT: SOLAPUR
MAHARASHTRA
2. BALAJI AGRO CENTRE MARKET YARD,
SHOPPING CENTRE, TULJIPUR ROAD,BARSHI ,TQ BARSHI,
DISTRICT: SOLAPUR
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Petitioner :
Mr. Abhishek Bhoot, Advocate
For the Respondent :

Dated : 31 Oct 2014
ORDER

Heard learned counsel for the petitioner.

          Learned counsel for the petitioner submitted that appeal was dismissed in default by learned State Commission on 9th June, 2014.  Counsel for the appellant could not appear before State Commission as his railway ticket was not confirmed and he also sent e-mail intimation to State Commission regarding this.

          Petitioner has filed copy of railway ticket and it appears that ticket was not confirmed.  Counsel for the petitioner could not appear before State Commission and appeal was dismissed in default.  In such circumstance, I deem it appropriate to allow this revision petition and restore the appeal for disposal on merits.

          Consequently, revision petition is allowed and impugned order dated 09-06-2014 passed by learned State Commission in First Appeal No. 14/142 – Yashoda Hybrid Seeds Pvt. Ltd. Vs. Shivaji D. Gholave & Anr. is set aside and appeal is restored at its original number.

          Petitioner is directed to appear before State Commission on 15.12.2014 and learned State Commission is directed to proceed further in accordance with law.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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